Rising Costs of E-Discovery Requirements Impacting Litigants

The first electronic database I supervised in litigation ended up costing a dollar a page. And that was before a single lawyer had looked at any of it. Making TIFF images, using Optical Character Recognition software to create searchable text, entering basic descriptive coding for each document and exporting all this data into a usable…

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Controlling the Accidental Release of Digital Information

In an age when virtually all documents are created on computers, it has become second nature to electronically share these materials through e-mail, extranets, and USB flash drives. Unfortunately, many people don’t fully understand exactly what information is contained in the files they are distributing. In the legal community, where clients routinely entrust sensitive and…

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Defining A Standard for Admitting Electronic Evidence at Trial

While many attorneys and their clients focus on the importance of preserving electronic files and data to minimize the risk of evidence spoliation, far fewer give the same attention to the seemingly straight-forward process of validating these materials for admission into evidence. One inadvertent result is that while standards for resolving electronic evidence spoliation allegations…

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Finding the Line Between E-Discovery Expert and Fact Witness Testimony

Digital information is an increasingly common part of civil and criminal litigation. Electronic mail messages and documents-or evidence that such materials are suspiciously missing-are powerfully persuasive pieces of evidence that can make or break a case. Courts recognize the importance of electronic files and their analysis, and they routinely admit such materials into evidence. However,…

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An introduction to Computer Forensics

Computer Forensics is the process of investigating electronic devices or computer media for the purpose of discovering and analyzing available, deleted, or “hidden” information that may serve as useful evidence in supporting both claims and defenses of a legal matter as well as it can helpful when data have been accidentally deleted or lost due…

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Electronic Discovery-Why aren’t more law firms using it

As the technology age creeps upon us and forces us reevaluate our personal lives in everything that we do, the same can be said for how lawyers practice. Partners who have been tied to their pen and paper presentations are now being confronted with a phenomenon that has started to pick up speed since the…

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Implementing Threats, Risk And Security Audits

People used to close business deals with a handshake. They looked one another in the eye. Today, more and more transactions are electronic, anonymous and, in too many cases, fraudulent. Any organization that stores or moves important information on an electronic network is putting its information at risk. A criminal on the other side of…

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Solving Crime With Computer Forensics

Computer Forensics is the scientific study of computers or computer related data in relation to an investigation by a law enforcement agency for use in a court of law. While this technology may be as old as computers themselves, the advances in technology are constantly revising this science. In the technological old days, computer forensics…

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How To Use Metadata As An Examination Tool

By Nicholas J. Deleault In today’s computer dependant world, the zealous advocate must be able to navigate his way through every conceivable form of discovery in order to effectively represent his or her client.  Failure to seek the appropriate records or the failure to respond to discovery requests with the appropriate electronic discovery knowledge could…

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